Judgment Search Results Home > Cases Phrase: employers liability act 1938 Court: himachal pradesh Page 1 of about 361 results (0.086 seconds)

Oriental Insurance Co. Ltd. Vs. Milkhi Ram and ors., Etc.

Court : Himachal Pradesh

Reported in : 1994ACJ380

..... this would include owner of the goods as well as his employees; (iii) the insurer shall not be liable to cover liability in respect of employee of the insured in respect of the death of or bodily injury, to any such employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 if such employee is (a) engaged in driving such vehicle, or (b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle or, (c) if it is a goods vehicle ..... of the use of the vehicle in a public place: provided that a policy shall not be required - (i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to, any such employee - (a) engaged in driving the vehicle .....

Smt. Leela Devi and anr. Vs. Sh. Ram Lal Rahu and anr.

Court : Himachal Pradesh

Reported in : II(1988)ACC617,[1990(60)FLR662],(1990)ILLJ364HP

..... in view of this finding, he held that the liability of the employer was not attracted under section 3 of the act and that the application for compensation was not maintainable.5. ..... if the employee's unexplained or apparently natural death has occurred during the course of employment, the adjudicator is not relieved of the responsibility of finding out whether there was any causal connection between the nature of employment and the death, whether the employment was an attributable cause or whether it accelerated the death, whether me death was not only due to the disease from which the workman was suffering but also on account of the factors which ..... commissioner having failed to appreciate correctly the true meaning and ambit of the expression 'by accident arising out of and in the course of his employment' occurring in the material statutory provision has committed an error in the field of substantive law.7. ..... the case of the appellants before the commissioner was that the deceased was employed as watchman in the cement factory of the second respondent and that the first respondent, who is a labour contractor, had arranged to provide the services of the deceased to the second ..... the appellants alleged that on the facts and in the circumstances of the case, the death of the deceased was attributable to an accident arising out of and in the course of his employment and that, therefore, they were entitled to compensation in accordance with law under the provisions of the act.3. .....

United India Insurance Co. Ltd. Vs. Sumitra Devi and ors.

Court : Himachal Pradesh

Reported in : 2002ACJ1974

..... held as under:but similar consequence will not follow in a case where additional amount is added to the principal amount of compensation by way of penalty to be levied on the employer under circumstances contemplated by section 4-a (3) (b) of the compensation act after issuing the show-cause notice to the employer concerned who will have reasonable opportunity to show cause why on account of some justification on his part for the delay in payment of the compensation amount he is not liable for ..... to that extent such penalty amount as imposed upon the insured employer would get out of the sweep of the term 'liability incurred' by the insured employer as contemplated by the proviso to section 147 (1) (b) of the motor vehicles act as well as by the terms of the insurance policy found in provisos (b) and (c) to sub-section (1) of ..... premi devi 1998 acj 1 (sc), wherein while dealing with liability to pay interest, it was held as under:thus so far as interest is concerned it is almost automatic once default, on the part of the employer in paying the compensation due, takes place beyond the permissible ..... this penalty amount is concerned it cannot be said that it automatically flows from the main liability incurred by the insured employer under the workmen's compensation act. ..... of interest on the principal amount would certainly partake the character of the legal liability of the insured employer to pay the compensation amount with due interest as imposed upon him under the compensation act. .....

Sh. Jagdish Chand Sharma Vs. Sh. Bachan Singh and ors.

Court : Himachal Pradesh

..... of the use of the vehicle in a public place:provided that a policy shall not be required-(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee(a) engaged in driving the ..... then, as per the proviso, the policy shall not be required to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment, other than a liability arising under the workmen's compensation act, 1923 in respect of the death of, or bodily injury to, an employee engaged in driving the vehicle, or who is a conductor, if it is a public service vehicle or an employee ..... the object of the insistence on insurance under chapter xi of the act thus seems to be to compulsorily cover the liability relating to their person or properties of third parties and in respect of employees of the insured employer, the liability that may arise under the workmen's compensation act, 1923 in respect of the driver, the conductor and the one carried in a goods vehicle carrying goods. .....

A.N.S. Earthmovers Vs. Surto Devi and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ942

..... above appeals were admitted on following substantial questions of law;(1) whether the impugned order awarding the amount of compensation by way of penalty payable to the claimants by the employer when the liability under the workmen's compensation act was not accepted from the very beginning is against the provisions of workmen's compensation act and is not sustainable in the eyes of law? ..... the sub-section (2) of section 4-a of the act, gives the option to the employer to make provisional payment based on the extent of liability, which he accepts and such payment shall be deposited with the commissioner or made to the workman without prejudice to the right of the workman to make any ..... as per section 4-a of the act, if the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts and, such payment shall be deposited with the commissioner or made to the workman, as the case may be without prejudice to the right of the workman to make any ..... the learned counsel for the employer appellant has submitted that as per employer the liability to pay the compensation was of the insurance company, which in fact has been ordered to deposit the compensation as per order dated ..... employer filed reply to the show-cause notice and has submitted that the employer had denied the liability under the act from the very beginning which was based upon law and there was justification for .....

Pritam Chand Vs. Himachal Road Transport Corporation and anr.

Court : Himachal Pradesh

Reported in : 2005ACJ1927

..... court and alarge number of english authorities on thepoint, the full bench held as follows:'the vicarious liability of the masterdoes not depend on the lawful or unlawful nature of the acts of the servant andthe master would be liable for the allegedact of the servant which had taken placein the course of his employment eventhough the servant may have acted incontravention of some of the provisionsof the statute or the rules made there under....it follows that in a motor ..... accident case the determining factor so faras the liability of the owner is concernedis whether the act was committed by thedriver in the course of his ..... the introduction of provisionscreating liability without fault givesout that parliament has provided for payment of compensation within certainlimits, ignoring the principle of fault.when even under the law of tort, courtshave held that the employer is vicariously liable for an authorised act donein an unauthorised manner taking intoconsideration the interest of the victimsof the accident, according to us, this approach is all the more necessary whilejudging the liability of the owner of thevehicle under the statutory provisions ofthe .....

Kumari Rachna Vs. Himachal Road Transport Corporation and ors.

Court : Himachal Pradesh

Reported in : 1990ACJ840,AIR1991HP73

..... fact that there is a presumption of regularity in performance of official acts, which could be available to the hrtc on account of the issuance of the driving licence and the medical certificate to driver baldev singh, would not be enough, in a case like the present, for absolving it of liability where the burden of proving that due care was taken by the hrtc as a prudent employer was heavy. ..... words, it was stressed that the driver was suffering from epilepsy and the hrtc could not escape liability for payment of compensation as it did not take due care in employing the third respondent as the driver of the vehicle.6. ..... before it can escape liability for compensating the claimants on this account, it had also to prove that it had taken all reasonable care to exclude an accident of the nature which took place on june 14, 1980, by taking due care that the driver, whom it has employed was in fit condition to be entrusted with the duty of ..... could be made liable it is necessary to prove that the servant was acting during the course of his employment and that he was negligent, (paragraph 22)...... . . . ..... of a motor accident the owner is only liable for negligence and on proof of vicarious liability for the acts of his servant.. .. ..... as a prudent employer, and bound by the statutory obligations emanating from the provisions of the motor vehicles act, 1939, it was incumbent upon the hrtc to have ensured that it was entrusting the bus for being driven to a person who was fit, in all respects, .....

Ram Dulari Vs. H.P. State Electricity Board and anr.

Court : Himachal Pradesh

Reported in : I(1987)ACC199

..... the submission was considered and rejected in the following words:section 3 of the act deals with the employer's liability for compensation. ..... or agreement whether made before or after the commencement of this act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void insofar as it purports to remove or reduce the liability of any person to pay compensation under this act.section 19 provides for reference to the commissioner if any question arises in any proceedings under the act as to the liability of any person to pay compensation (including any question ..... the respondents could not possible have declined to accept the liability for compensation and they cannot justifiably take shelter behind the plea of entertaining a genuine belief that the factum of the ex-gratia payment together with the employment of the sister of the deceased (which was a benefit computable in terms of money) would be regarded as provisional payment made under sub-section (2) of section 4-a of the act or as an extenuating circumstance while considering the default in making the ..... section 3 creates the liability against the employer for the payment of compensation in accordance with the provisions of the act, if personal injury is caused to a workman by accident arising out of and in the course of his employment, subject to certain exceptions. .....

Ansal Properties and Industries Vs. Executive Engineer, Hpseb and ors.

Court : Himachal Pradesh

Reported in : I(2002)ACC222,2002ACJ222,(2002)ILLJ1071HP

..... the contention of the learned counsel for the appellant is that since in accordance with the provisions of the act and the rules, the liability is of the principal employer, no proceedings could have been initiated against the appellant-company by the claimants nor the commissioner for workmen's compensation could have passed the award ..... or business of the principal, the principal shall be liable to pay to any workman employed in the executionof the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of ..... that in accordance with the provisions of the act, the liability was that of the principal employer and the commissioner exceeded his jurisdiction in ordering the appellant-company to pay compensation and in exonerating the principal employer. ..... scrutiny and record placed before the commissioner for workmen's compensation, he held that the company was solely liable to pay compensation under the provisions of the act and there was no question of sole liability of the principal employer i.e. ..... the appellant-company was that since the company had undertaken to carry out the work as contractor, the liability to pay compensation to workmen under the act was of the principal employer i.e. .....

National Insurance Co. Ltd. Vs. Kavita Rani and ors.

Court : Himachal Pradesh

Reported in : I(1993)ACC606,1993ACJ489

..... (c) except so far as is necessary to meet the requirements of section 95 of the motor vehicles act, 1939, in relation to liability under the workmen's compensation act, 1923, the company shall not be liable in respect of death of or bodily injury to any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or mounting or alighting from the motor vehicle at the time of the occurrence of the event out of ..... -(1)xxx xxx xxx(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely-(a)xxx xxx xxx(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of, or in pursuance of, a contract of employment,-(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;(ii) in respect of passengers, a limit of fifteen ..... -(1)xxx xxx xxx(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely-(a) xxx xxx xxx(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, in respect of persons other than passengers carried for hire or reward, a limit of twenty thousand rupees; and in respect of passengers a limit of twenty .....